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25C - AGMT - ENGINEERING SRVS
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12/02/2014
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25C - AGMT - ENGINEERING SRVS
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Last modified
11/26/2014 3:36:02 PM
Creation date
11/26/2014 3:31:56 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25C
Date
12/2/2014
Destruction Year
2019
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through this Agreement <br />xiv. Consultant may copyright any books, publications or other copyrightable materials <br />developed in the course of or under this Agreement. However, the federal awarding <br />agency, State Administrative Agency (SAA) and City reserve a royalty -free, non- <br />exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize <br />others to use, for federal government, SAA and/or City purpose: <br />1. the copyright in any work developed through this Agreement; and <br />2. any rights of copyright to which the subcontractor purchases ownership with <br />support through this grant. The Federal government's, SAA's and City's <br />rights identified above must be conveyed to the publisher and the language of <br />the publisher's release form must ensure the preservation of these rights. <br />xv. Covenant Against Contingent Fees: The Consultant warrants that he /she has not <br />employed or retained any company or person, other than a bona fide employee working <br />for the consultant; to solicit or secure this contract; and that he /she has not paid or agreed <br />to pay any company or person other than a bona fide employee, any fee, commission, <br />percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting <br />from the award, or formation of this contract. For breach or violation of this warranty, <br />the local agency shall have the right to annul this contract without liability, or at its <br />discretion; to deduct from the contract price or consideration, or otherwise recover the <br />full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. <br />10. ASSIGNMENT <br />None of the duties of, or work to be performed by, Consultant under this Agreement shall be <br />subcontracted or assigned to any agency, consultant or person with the prior written consent of City. <br />Consultant must submit all subcontracts And other agreements that related to this Agreement to City. No <br />subcontract or assigmnent shall terminate or alter the legal obligations of Consultant pursuant to this <br />Agreement. <br />11. TERMINATION <br />The City reserves the right to terminate the Agreement as follows: <br />a. This Agreement may be terminated without cause by City upon thirty (30) days written notice <br />delivered to the Consultant either personally or by mail. Upon termination, City shall pay to <br />Consultant that portion of compensation specified in the Agreement that is earned and unpaid prior to <br />the date of termination. As a condition of such payment, the Executive Director may require <br />Consultant to deliver to City all work product completed as of such date, and in such case such work <br />product shall be the property of the City unless prohibited by law, and Consultant consents to the <br />City's use thereof for such purposes as the City deems appropriate. <br />b. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall <br />have the right to withhold all or a portion of Consultant's compensation for Agreement services if in <br />the judgment of the project's manager or designee, the level of service falls below appropriate <br />standards and/or Consultant fails to satisfactorily perform Agreement services. City shall have the <br />right to retain funds withheld until the project's manager or designee determines that Agreement <br />services are performed as well and as frequently as required by this Agreement. <br />25C -8 <br />
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